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senate Bill S. 1322

Safeguarding Private Student Information

Argument in favor

Improves student privacy and protects sensitive information from being sold or kept after it has been used for its intended purpose.

BTSundra's Opinion
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02/25/2016
If these people have actually committed crimes, this information should be available, but until then, this information should be secure.
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Dona's Opinion
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06/02/2015
This is data kept in file rooms of public schools and computers of small schools that lack sufficient firewalls. Our State Dept. Of Ed does not necessarily keep this information as confidential as it should be. We collect too much data on kids.
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Patrick's Opinion
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05/03/2016
Student information should only go to parents, the courts or law enforcement with a warrant or to anyone else the student or parent expressly authorizes.
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Argument opposed

Contains unnecessary provisions that already exist in current law, while creating roadblocks to effective use of information.

RedPiano1's Opinion
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06/22/2015
If we are talking college age students: those people are of majority and their parents have no right accessing the student's personal information, even @to make corrections." Wouldn't this part of law be similar to the way HIPPA is handled? Marketing products and services from a school's roster should be allowed,
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America's Opinion
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07/30/2015
I wish that we could see obama's school records. For starters.
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Marvin's Opinion
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06/18/2015
We already safeguard this info re school info. Why does this bill exist?
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bill Progress


  • Not enacted
    The President has not signed this bill
  • The house has not voted
  • The senate has not voted
      senate Committees
      Committee on Health, Education, Labor, and Pensions
    IntroducedMay 13th, 2015

What is Senate Bill S. 1322?

This bill aims to improve protections for students’ privacy by imposing new limits on companies and federally funded schools that share their personal information. If enacted, S.2690 would:
  • Require that data security safeguards be implemented to protect sensitive student data held by private companies;

  • Prohibit the use of a student’s personally identifiable information (PII) to advertise or market a product or service;

  • Give parents the right to access their children's personal information held by private companies, and make changes if the information is incorrect;

  • Create a list of all outside parties that have access to student information;

  • Reduce the amount of PII that is transferred between schools and private companies; and

  • Bar private companies from keeping detailed inventories on students by requiring those companies to delete PII when it is no longer being used. 
These provisions would be made by extending the Family Educational Rights and Privacy Act of 1974 (FERPA). Passed into Federal law to protect the privacy of student education records FERPA applies to any school receiving funds from the U.S. Department of Education. 

Impact

Students, their parents, schools that receive federal funding, advertising and marketing companies.

Cost of Senate Bill S. 1322

A CBO cost estimate is currently unavailable.

More Information

In Depth:

S. 2690 requires school districts to meet new rules for protecting student privacy as a condition of receiving federal education funding. The sale of PII to target advertising to students would be prohibited, and school districts would be mandated to minimize sharing of PII with outside parties.

Remember, PIIs are things like a home address, credit card number, driver's license number, set of fingerprints, or handwriting samples. S. 2690 would also require any company or group receiving such data set up comprehensive security policies.

Parents would also be given the right to see the information that third parties, including for-profit companies, keep on their child. If the information is “inaccurate, misleading or inappropriate for inclusion in the file,” parents have the right to order corrections to be made. The bill also requires companies holding identifiable information about students to destroy it after completing the specific task for which they obtained the information.

S.2690 has found support from both sides of the aisle, including Sponsoring Sen. Ed Markey (D-Mass.) and Orrin Hatch (R-Utah). In support of his bill, Sen. Hatch noted:

"Students may well have more of their personal data stored by third parties than anyone, and the widespread storage of this information puts students at risk that this data could fall into the wrong hands. This legislation establishes security safeguards to ensure greater transparency and access to stored information for students and parents.  Further, it includes a provision banning data mining for marketing or advertising purposes and other common sense protections for students’ personally identifiable student data."

However, as critics have pointed out, this bill would only apply to student information contained within their education records. Student data outside of education records that are gathered by or shared with private companies would not be covered under this bill. When students take part in online learning, for example, textbook companies and other vendors collect huge amounts of data, including information on individual student work habits and learning styles; and such data would remain beyond the reach of S.2690.  

Other opponents of the bill feel that it only restates provisions that already exist in current law, making it redundant and unnecessary.  For instance, the Children’s Online Privacy Protection Act (COPPA) already provides guidance and restrictions for when and under what circumstances schools can share a student’s personal information with private companies. Another concern raised by critics is that things like data destruction are not always possible or enforceable in practice.

The topic of student data security has been featured in recent news. In April, a nonprofit called InBloom was shut down after parents called the organization out for tracking student's personal details — like medical conditions and family relationships. The public outcry caused schools all over the U.S. to cancel plans to work with that company. Google was also criticized publicly when consumers found out the tech giant was mining student email addresses for data.

Media:

Sponsoring Sen. Ed Markey (D-MA) Press Release

Politico

The Hill

Discussion: Protecting Student Privacy

Video: Ed Markey speaking at the Student Data Privacy Summit

Video: What’s the Big Deal About Student Privacy

(Photo Credit: Startup Stock)

AKA

Protecting Student Privacy Act of 2015

Official Title

A bill to amend the Family Educational Rights and Privacy Act of 1974 to ensure that student data handled by private companies is protected, and for other purposes.

    If these people have actually committed crimes, this information should be available, but until then, this information should be secure.
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    This is data kept in file rooms of public schools and computers of small schools that lack sufficient firewalls. Our State Dept. Of Ed does not necessarily keep this information as confidential as it should be. We collect too much data on kids.
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    I'm not sure when it ever became permissible to hand over private student data to any one private company. In fact, all private data, student, adult or whatever should not be handed over to anyone without the express permission of the individual involved.
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    As a college student, I support this. I don't want MY private information out there to be sold or used for an unintended purpose after I was forced to hand it over.
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    If we are talking college age students: those people are of majority and their parents have no right accessing the student's personal information, even @to make corrections." Wouldn't this part of law be similar to the way HIPPA is handled? Marketing products and services from a school's roster should be allowed,
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    Something to keep in mind is the impact of these decisions on the ability of teachers to freely use and explore the use of technology in the classrooms. The more restrictions and processes needed to use tech safely, the less likely teachers are going to be willing to use the tech.
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    Student information should only go to parents, the courts or law enforcement with a warrant or to anyone else the student or parent expressly authorizes.
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    I don't see the issue with improving the protections of student information.
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    If conservatives hate it, it's probably good for the rest of us!
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    "Prohibit the use of a student’s personally identifiable information (PII) to advertise or market a product or service; " that alone is enough to support this idea.
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    Yes
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    There is no such thing as privacy anymore. Just my opinion
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    Unless that student is a criminal. Yes.
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    How does this hurt? If it adds privacy protections. Do it.
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    Students of all ages deserve maximum privacy of their information. It should NEVER be available for purchase by ANYONE OR ANY INSTITUTION - PRIVATE OR GOVERNMENT.
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    End the data collection and sharing of private student information without parental consent. We are on a dangerous data path that will end our hard fought freedoms. Private information is no one's business!
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    Start with dear leaders school records!
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    Make it as secure as Barry Soetoro-Obama's and nobody will ever see it.
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    Dear Colleges: Please stop emailing me when I explicitly stated multiple times to not use my information to give to college recruiters.
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    Improves personal privacy of students and should apply to all students
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